One of the terms that your landlord agrees to when you rent an apartment is that he agrees to permit you to have quiet enjoyment of the premises. This means that the landlord has a duty to you to make sure that his other tenants do not make excessive noise and prevent you from enjoying the property - peacefully and quietly. I suggest that you write your landlord a certified letter indicating to him that the tenant above you makes constant noise and is depriving you of your quiet enjoyment of your apartment. If the landlord does not take action and the noise continues you may call the police to have them go to the apartment to make the neighbors quiet down you may also not call the police and simply move out and stop paying rent and leave. you shold not have to deal with this noisey neighbor.

There is an implied covenant of quiet enjoyment in your lease which means that you as a tenant cannot be disturbed in your use or enjoyment of the premises. Excessive noise late at night is a breach of the covenant of quiet enjoyment which may result in eviction of the noisy tenant.

You should inform the landlord about the noisy tenant. A reasonable time for quiet hours if not specified in your lease, is a policy the landlord should establish. Since the noise occurs late at night, it violates any reasonable time period set for quiet hours.

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